Does the other parent still owe child support after a South Dakota stepparent adoption?

Not going forward. Under SDCL 25-6-17, the natural parents are, from the time of the adoption, relieved of all parental duties towards, and of all responsibility for, the child. Past-due support is treated separately: the same section says any existing child support arrearages shall be addressed by the court in the order terminating parental rights.

Can a child adopted by a stepparent in South Dakota still inherit from the other birth parent?

Yes. SDCL 29A-2-114(b)(1) says adoption of a child by the spouse of a birth parent has no effect on the right of the child to inherit from or through the other birth parent, or on the relationship with the parent married to the adopter. Under 25-6-16, the child and the stepparent have all the rights of parent and child, including inheritance.

What if the other parent objects or cannot be found in a South Dakota stepparent adoption?

An objection blocks the adoption unless the court, finding it in the child's best interest, waives consent on a SDCL 25-6-4 ground, such as abandonment, by clear and convincing evidence, for six months or more immediately prior to filing. A parent who cannot be personally served may get notice by publication if the court so finds (25-5A-12). A parent who does not appear personally or by counsel at the termination hearing, after notice received at least fifteen days before it, can also have consent waived if waiver is in the child's best interest.

Does my spouse have to consent to my South Dakota stepparent adoption?

Yes. SDCL 25-6-3 says a married person not lawfully separated from a spouse cannot adopt a child without the spouse's consent, if the spouse is capable of giving it. As the child's parent, your spouse also consents under 25-6-4, and 29A-2-114(b)(1) confirms the adoption has no effect on the relationship between the child and your spouse.

How long does a South Dakota stepparent adoption take and what does it cost?

The judge sets the hearing not less than ten days after the petition is filed (SDCL 25-6-10), but no petition may be granted until the child has lived in your home for at least six months (25-6-9). If the court orders an investigation, that can add time. Ask the circuit court clerk about filing fees; the Department of Health charges a fee for the new birth certificate (34-25-16.1).

Stepparent Adoption in South Dakota

Reviewed by DocDraft Legal Team - South Dakota - Last updated October 6, 2026

In South Dakota, adoptions are heard by the circuit court under SDCL 25-6-6, and SDCL 25-6-4 says no child may be adopted without the consent of the child's parents. The court may waive the other parent's consent only if it is in the best interest of the child and a ground in 25-6-4 applies, such as abandoning the child, by clear and convincing evidence, for six months or more immediately prior to the filing of the petition, or, being financially able, willfully neglecting to provide the child with necessary subsistence, education, or other care. A child over the age of twelve years must also consent (SDCL 25-6-5), and for a stepparent the court may, but need not, order an investigation (25-6-10). South Dakota publishes no statewide stepparent petition form, but the Unified Judicial System requires its UJS-354 Mandatory Reporting Form in every adoption case.

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Can a stepparent adopt without the other parent's consent in South Dakota?

Only if the court waives it. Under SDCL 25-6-4, waiver must be in the child's best interest and a listed ground must apply, such as abandoning the child, by clear and convincing evidence, for six months or more immediately prior to the filing of the petition, or, being financially able, willfully neglecting to provide necessary subsistence, education, or other care.

Which court and which form are used for a stepparent adoption in South Dakota?

The circuit court hears adoptions under SDCL 25-6-6. File in the county where you reside or where the child was born or resides (25-6-7). There is no statewide stepparent petition form, but the court system requires form UJS-354, the Mandatory Reporting Form for All Adoption Cases, with the case filing statement.

Is a home study required for a stepparent adoption in South Dakota?

It is up to the judge. SDCL 25-6-10 says the circuit court may, in the case of a stepparent adopting a stepchild, and shall in all other cases, direct the Department of Social Services or another competent person to investigate and report in writing. The report must include each adoptive parent's child support history.

At what age must the child consent to a stepparent adoption in South Dakota?

Under SDCL 25-6-5, the consent of the child, if over the age of twelve years, is necessary to the adoption. Under 25-6-12, the child's written consent is executed before the hearing and filed with the court, and the child must appear at the hearing in court or by other means the court allows.

South Dakota's circuit court, the 25-6-4 waiver, and the six month home rule

South Dakota stepparent adoptions are filed in circuit court, which SDCL 25-6-6 vests with jurisdiction over all matters relative to the adoption of children, in the county where the adopting parent resides or where the child was born or resides (25-6-7). A married stepparent also needs the spouse's consent under 25-6-3. Under 25-6-4, no child may be adopted without the consent of the child's parents, but if it is in the best interest of the child, the court may waive consent from a parent who, among other grounds, has, by clear and convincing evidence, abandoned the child for six months or more immediately prior to the filing of the petition; being financially able, has willfully neglected to provide the child with necessary subsistence, education, or other care necessary for the child's health, morals, or welfare; has substantially and continuously or repeatedly neglected the child and refused to give the child necessary parental care and protection; or does not appear personally or by counsel at the hearing to terminate parental rights after notice received at least fifteen days before the hearing. A child over the age of twelve years must consent (25-6-5). The court may order an investigation for a stepparent but is not required to (25-6-10), and no petition may be granted until the child has lived in the home for at least six months (25-6-9), though the petition may be filed sooner. There is no statewide petition form; form UJS-354 must be filed in every adoption case.

Relevant Laws

SDCL 25-6-4 and 25-6-5 (Parent and child consent)

No child may be adopted without the consent of the child's parents. If it is in the best interest of the child, the court may waive a parent's consent on listed grounds, including abandonment, by clear and convincing evidence, for six months or more immediately prior to the filing of the petition. Section 25-6-5 requires the consent of a child over the age of twelve years.

SDCL 25-5A-11 and 25-5A-12 (Notice for the non-appearance ground)

Ground 25-6-4(7) applies to a parent who does not appear personally or by counsel at the hearing to terminate parental rights after notice under these sections received at least fifteen days before the hearing. Notice is personally served, or published if the court finds personal service cannot be accomplished.

SDCL 25-6-9 and 25-6-10 (Six months in the home and investigation)

No petition may be granted until the child has lived in the home for at least six months, but the petition may be filed sooner. The court may, in the case of a stepparent adopting a stepchild, and shall in all other cases, direct a written investigation that includes each adoptive parent's child support history.

UJS-354 Mandatory Reporting Form for All Adoption Cases

The South Dakota Unified Judicial System form that must be completed and provided with the case filing statement in every adoption case. It collects the child's birth name, both biological parents' names and addresses, and any tribal affiliation for ICWA purposes.

Regional Variances

South Dakota stepparent adoption requirements

Court

Circuit court (SDCL 25-6-6). File in the county where the adopting parent resides, where an authorized agency with care or custody of the child is located, or where the child was born or resides (25-6-7).

Petition form

No statewide stepparent petition form; ask the circuit court clerk. Form UJS-354, the Mandatory Reporting Form for All Adoption Cases, must be completed and provided with the case filing statement.

Other parent's consent

Required: no child may be adopted without the consent of the child's parents (SDCL 25-6-4). Consents are executed in writing before the hearing and filed with the court (25-6-12). The adopting stepparent's spouse must also consent (25-6-3).

Proceeding without consent

Court may waive consent if it is in the best interest of the child and the parent, e.g., has, by clear and convincing evidence, abandoned the child for six months or more immediately prior to the filing of the petition (25-6-4(2)); being financially able, has willfully neglected to provide necessary subsistence, education, or other care necessary for the child's health, morals, or welfare, or has neglected to pay for it if legal custody is lodged with others and payment was ordered by the court (25-6-4(4)); has substantially and continuously or repeatedly neglected the child and refused to give the child necessary parental care and protection (25-6-4(3)); or does not appear personally or by counsel at the termination hearing after notice received at least fifteen days before it (25-6-4(7)).

Home study

Court's discretion for a stepparent: the court may, in the case of a stepparent adopting a stepchild, and shall in all other cases, direct an investigation and written report (SDCL 25-6-10).

Residency or waiting period

No petition may be granted until the child has lived in the home for at least six months (SDCL 25-6-9); the petition may be filed earlier, and the hearing is set not less than ten days after filing (25-6-10). Adopter at least ten years older than the child unless the court finds the adoption in the child's best interest (25-6-2). No minimum marriage length.

Child's consent age

Over the age of twelve years (SDCL 25-6-5). The child's written consent is filed before the hearing, and the child appears at the hearing in court or by other means the court allows (25-6-12).

Suggested Compliance Checklist

Decide how the other parent's consent will be handled

Before filing days after starting

Confirm whether the other parent will sign a written consent. If not, identify whether waiver would be in the child's best interest and which SDCL 25-6-4 ground applies, such as abandonment, by clear and convincing evidence, for six months or more immediately prior to the filing of the petition, or, being financially able, willful neglect to provide necessary subsistence, education, or other care.

Prepare the petition, consents, and agreement

Before filing days after starting

Prepare the petition (there is no statewide form), the written consents of your spouse, the other parent if available, and the child if over the age of twelve years, and your agreement to treat the child in all respects as your own (SDCL 25-6-12). Complete form UJS-354.

File in circuit court

At filing days after starting

File with the circuit court clerk in the county where you reside or where the child was born or resides (SDCL 25-6-7), with form UJS-354 and the case filing statement. Ask the clerk about filing fees and whether the judge will order an investigation under 25-6-10.

Serve notice on a parent who has not consented

After filing days after starting

If you rely on the non-appearance ground in SDCL 25-6-4(7), make sure the other parent receives notice under 25-5A-11 and 25-5A-12 at least fifteen days before the termination hearing, by personal service or, if the court finds that cannot be accomplished, by publication.

Confirm the child's new name and update records

After the decree days after starting

The adoption order states the child's full adoptive name (SDCL 25-6-13), so decide it before the hearing. After the clerk forwards the decree information, order the new birth certificate from the Department of Health for school, Social Security, and passport records. A separate name change petition is needed only for changes outside the adoption.

Document: name-change-petition

Task	Description	Document	Days after starting
Decide how the other parent's consent will be handled	Confirm whether the other parent will sign a written consent. If not, identify whether waiver would be in the child's best interest and which SDCL 25-6-4 ground applies, such as abandonment, by clear and convincing evidence, for six months or more immediately prior to the filing of the petition, or, being financially able, willful neglect to provide necessary subsistence, education, or other care.	-	Before filing
Prepare the petition, consents, and agreement	Prepare the petition (there is no statewide form), the written consents of your spouse, the other parent if available, and the child if over the age of twelve years, and your agreement to treat the child in all respects as your own (SDCL 25-6-12). Complete form UJS-354.	-	Before filing
File in circuit court	File with the circuit court clerk in the county where you reside or where the child was born or resides (SDCL 25-6-7), with form UJS-354 and the case filing statement. Ask the clerk about filing fees and whether the judge will order an investigation under 25-6-10.	-	At filing
Serve notice on a parent who has not consented	If you rely on the non-appearance ground in SDCL 25-6-4(7), make sure the other parent receives notice under 25-5A-11 and 25-5A-12 at least fifteen days before the termination hearing, by personal service or, if the court finds that cannot be accomplished, by publication.	-	After filing
Confirm the child's new name and update records	The adoption order states the child's full adoptive name (SDCL 25-6-13), so decide it before the hearing. After the clerk forwards the decree information, order the new birth certificate from the Department of Health for school, Social Security, and passport records. A separate name change petition is needed only for changes outside the adoption.	name-change-petition	After the decree

Frequently Asked Questions

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